83A.175 Filling vacancy in city office or in candidacy for city office.
576 words·~3 min read·
/ky/chapter-83a/83a-175A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The election to fill the regular term of a nonpartisan city office shall be conducted in
the manner prescribed in KRS 83A.165 when, in a regular election for nonpartisan
city office no candidates nominated to an office as provided in KRS 83A.170 are
available due to death, incapacity, or withdrawal, or when city legislative body
members are to be elected at large and there are fewer nominees than there are
offices to be filled, or when a city has eliminated the primary pursuant to KRS
83A.045.
(2)Each candidate shall, not earlier than the first Wednesday after the first Monday in
November of the year before the year in which the office will appear on the ballot
and not later than the last date prescribed by the election law generally for filing
petitions of nomination with the county clerk as provided in KRS 83A.047, file a
petition for candidacy. The petition shall be prescribed by the State Board of
Elections and shall be signed by at least two
(2)registered voters in the city. Each
voter may sign individual petitions equal to the number of offices to be filled. If a
voter signs petitions for more candidates than he or she is authorized, he or she shall
be counted as a petitioner for the candidate whose petition is filed first.
(3)The county clerk shall examine the petition of each candidate to determine whether
it is regular on its face. If there is an error, the county clerk shall notify the
candidate by certified mail within twenty-four
(24)hours of filing.
(4)The ballot position of a candidate shall not be changed after the ballot position has
been designated by the county clerk.
(5)If, before the certification of candidates who will appear on the ballot, any candidate
whose petition has been filed in the office of the county clerk, dies or notifies the
clerk in writing, signed and properly notarized, that he or she will not accept the
election, the clerk shall not cause his or her name to be printed on the ballot.
(6)If, after the certification of candidates who will appear on the ballot, any candidate
whose name appears thereon shall withdraw pursuant to KRS 118.212 or die:
(a)Neither the precinct election officers nor the county board of elections shall
tabulate or record the votes cast for the candidate;
(b)The county clerk shall provide notices to the precinct election officers who
shall see that a notice is conspicuously displayed at the polling place advising
voters of the change, and that votes for the candidate shall not be tabulated or
recorded. If the county clerk learns of the death or withdrawal at least five
days prior to the election and provides the notices required by this subsection
and the precinct officers fail to post the notices at the polling place, the
officers shall be guilty of a violation;
(c)If there is only one
(1)remaining candidate on the ballot for that office in a
primary, following the withdrawal or death of the other candidate or
candidates, neither the precinct election officers nor the county board of
elections shall tabulate or record the votes for the remaining candidate, and
the officer with whom the remaining candidate has filed his or her nomination
papers shall immediately issue and file in his or her office a certificate of nomination for that remaining candidate and send a copy to the remaining candidate.